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18- Project Specifications Manual - Mazzella Construction, LLC - Sandan Park Picnic Shelter
r SANDAN PARK PICNIC SHELTER PROJECT SPECIFICATIONS MANUAL MARCH 26, 2018 ADDENDUM # 1 •- APRIL 5, 2018 CITY OF BOZEMAN DEPARTMENT OF PARKS AND RECREATION BOZEMANmT Parks & Recreation CITY OF BOZEMAN, MONTANA REQUEST FOR PRICE QUOTATIONS — SANDAN PARK PICNIC PAVILION NOTICE IS HEREBY GIVEN that the City of Bozeman, Montana, is accepting firm price quotations for: Sandan Park Picnic Pavilion, located at 3125 Savannah Street, 59718. The attached price quotation form must be received on or before 2:00 p.m., local time, Tuesday, April 10, 2018 via email to: cpoissant@bozeman.net. Deadline for questions is Tuesday, April 3, 2018 at 2:00 PM. If required, a clarification addendum will be posted on Thursday, April 5, 2018 at: https://www.bozeman.net/city-protects/top-trails-open-space-and-parks- program. The project work is generally described as follows: site preparation and construction of custom steel and wood picnic shelter; concrete footings and flatwork; irrigation adjustment; picnic table installation; sodding of disturbed areas. The Contract Documents may be examined at the Builder's Exchange or obtained at the office of the City of Bozeman Parks Department, 415 N. Bozeman Ave., Bozeman, Montana 59715, 406- 582-2908. Required deposit is $20.00 per set, which is not refundable. CONTRACTOR and any of the CONTRACTOR'S subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect Avenue, Helena, Montana 59604-8011. Information on registration can be obtained by calling 1-406-444-7734. CONTRACTOR is not required to have registered with the DLI prior to bidding on this project, but must have registered prior to execution of the Construction Agreement (attached). All laborers and mechanics employed by CONTRACTOR or subcontractors in performance of the construction work shall be paid wages at rates as may be required by the laws of Gallatin County and the state of Montana. http://erd.dli.mt.gov/Portals/54/Documents/Labor- Standards/BC Final 2018.pdf?ver=2018-01-27-092957-313 Discrimination in the performance of any contract awarded under this invitation on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity's employees and to all subcontracts. Every entity submitting under this invitation must sign and return the required affirmation. The Contractor is required to be an Equal Opportunity Employer. The right is reserved to reject any or all proposals received, to waive informalities, to postpone the award of the contract for a period of not to exceed sixty (60) days, and to accept the lowest responsive and responsible bid which is in the best interest of the city. The selected CONTRACTOR must sign the attached CONSTRUCTION AGREEMENT and supply the necessary insurance certificates prior to commencing the work. Questions may be directed to the Project Manager: Carolyn Poissant, Manager of Trails, Open Space and Parks Design and Development Phone: 406-582-2908 Email: cpoissant(a)bozeman.net Deadline for questions is Tuesday, March 20, 2018 at 2:00 PM. If required, a clarification addendum will be posted on Thursday, March 22 at: https://www.bozeman.net/city-projects/top- trails-open-space-and-parks-program SANDAN PARK PICNIC PAVILION Page 2 of 9 INSTRUCTIONS TO BIDDERS BIDS: All Bids must be made on the forms provided in the Project Manual and submitted as directed on the Request for Quotations. Bids carrying riders or qualifications to the Bid being submitted may be rejected as irregular. The bid form must be signed and submitted via email as a pdf file, or an original may be submitted to the Parks Department office at 415 N.Bozeman,59718(Beall Rec.Center). ONLY ONE PROPOSAL: No Bidder may submit more than one Bid. Two Bids under different names will not be received from one firm or association. RESPONSIBILITIES OF AGENT: Any person signing a Bid as the agent of another, or of others,may be required to submit satisfactory evidence of this authority to do so. The title of the person(s)executing the Bid or Agreement shall be clearly indicated beneath his signature. QUALIFICATIONS OF BIDDERS: Bidders may be required to submit satisfactory evidence that they have a practical knowledge of the particular work bid upon,and that they have the necessary financial resources to complete the proposed work. In determining the lowest responsible bid, the following elements will be considered: whether the Bidder involved (a) maintains a permanent place of business; (b) has adequate plant and equipment to do the work properly and expeditiously;(c)has a suitable financial status to meet obligations incident to the work;and(d)has appropriate technical experience. Each Bidder may be required to show that former work performed by him has been handled in such a manner that there are no just or proper claims pending against such work. No Bidder will be acceptable if he is engaged on any other work which impairs his ability to finance his contract. The Bidder shall demonstrate his ability by meeting all requirements herein stipulated,if asked for them. CONTRACT DOCUMENTS: It is intended that the Montana Public Works Standard Specification, 61 Edition (MPWSS),shall be used to govern the contractual and performance aspects of this project,and is hereby incorporated as part of these CONTRACT DOCUMENTS,as modified by the City of Bozeman Modifications to Montana Public Works Standard Specifications 61 Edition (COB MODS), dated March 31, 2011, including all addenda which is also hereby incorporated as part of these contract documents, and as further modified herein by the City of Bozeman. All standard forms of MPWSS shall be utilized in executing these CONTRACT DOCUMENTS unless otherwise noted or revised in the bound bid document. Selected sections of the MPWSS have been reprinted in this document to provide a clear definition of the project and detail modifications to the MPWSS made by the City of Bozeman, in order to assist the Contractor in preparation of his Bids. EXAMINATION OF CONTRACT DOCUMENTS AND SITE: Before submitting a bid, each Bidder must (a) examine the Contract Documents thoroughly(b) visit the site to familiarize himself with location conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances,rules and regulations that may in any manner affect cost,progress or performance of the Work;and(d)study and carefully correlate Bidder's observations with the Contract Documents. Any Bidder may, upon request, examine those reports of investigations and tests of subsurface and latent physical conditions at the site (if any)which have been relied upon in preparing the drawings and specifications. These reports are not guaranteed as to accuracy or completeness, nor are they part of the Contract Documents. Before submitting his Bid each Bidder will, at his own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents. On request, Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid. Any administrative requirements and associated costs of such investigations are the responsibility of the Bidder. SANDAN PARK PICNIC PAVILION Page 3 of 9 The lands upon which the Work is to be performed,rights-of-way for access thereto and other lands designated for use by Contractor in performing the Work are identified in the specifications or on the drawings. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this section and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work. Where logs of test borings are included in the contract plans, it is agreed that such logs do not constitute a part of the contract and are included only for the convenience of the bidder or Contractor and do not relieve him of his duties under this section or of any other responsibility under the contract. No information derived from any inspection of records of investigation or compilation thereof made by the Owner will in any way relieve the bidder or Contractor from properly performing his obligations under the contract. UNDERGROUND UTILITIES: The location of underground utilities as shown on the drawings is approximate and the Owner assumes no responsibility for determining the exact location. The Contractor shall note the reference to utility lines and service lines for various utilities as noted on the drawings and that the approximate location may or may not be given. The Contractor shall make written inquiry of the related utility agency to determine the location of underground utilities in the project area. INTERPRETATION OF CONTRACT DOCUMENTS: If any person contemplating submitting a Bid for the proposed contract is in doubt as to the true meaning of any part of the specifications, or other proposed Contract Documents, he may submit to the Owner a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed documents will be made only by an addendum duly issued and a copy of any such addendum will be mailed or delivered to each person receiving a set of such documents. TIME OF COMPLETION: The time of completion of the work is a basic consideration of the Contract. It will be necessary that the Bidder satisfy the Owner of his ability to complete the work within the stipulated time. The number of days within which,or the dates by which,the Work is to be Substantially Completed are set forth in the Bid Form and the Agreement Form. LIQUIDATED DAMAGES: Provisions for liquidated damages are in the Agreement Form. ADDENDA: Any addenda issued during the time of bidding,or forming a part of the Contract Documents loaned to the Bidder for the preparation of his proposal, shall be covered in the Bid and shall be made a part of the Agreement. Receipt of each addendum shall be acknowledged in the Bid. Any Bid in which all issued addenda are not acknowledged will be considered incomplete and will not be read. PROPOSAL: The bidder shall submit his proposal on the forms bound in these Contract Documents. Neither the proposal nor any other pages bound herein or attached hereto shall be detached. TELEGRAPHIC MODIFICATION: Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids. The telegraphic communication shall not reveal the bid price,but shall only provide the addition or subtraction from the original proposal. Telegraphic proposal modifications must be verified by letter. This written confirmation shall be received no later than three working days following the bid opening or no consideration will be given to the telegraphic modification. BID REQUIREMENTS: The bidder is expected to base his bid on materials and equipment complying fully with the plans and specifications and, in the event he names in his bid materials or equipment which do not conform, he will be responsible for furnishing materials and equipment which fully conform at no charge in his bid price. SANDAN PARK PICNIC PAVILION Page 4 of 9 Before submitting a proposal, each Contractor should read the complete Contract Documents (including all addenda), specifications and plans,including all related documents containing herein,all of which contain provisions applicable not only to the successful bidder,but also to his subcontractors. BID QUANTITIES: Bidders must satisfy themselves by personal examination of the locations of the proposed work and by such other means as they may prefer as to the correctness of any quantities. The estimated unit quantities of the various classes of work to be done under this contract are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. The Contractor agrees that,during progress of the work,the Owner may find it advisable to omit portions of the work,to increase or decrease the quantities as may be deemed necessary or desirable,that the actual amount of work to be done and materials to be furnished may differ from the estimated quantities, and that the basis for payment under this contract shall be the actual amount of work done and the materials furnished. The Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any difference which may be found between quantities of work actually done and the estimated quantities. MODIFICATIONS AND WITHDRAWAL OF BID: A bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids, as called for in the Invitation to Bid. Requests for modification or withdrawal must be written and must be signed in the same manner and by the same person(s)who signed the Bid. If,within twenty-four(24)hours after Bids are opened, any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid,that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, if the Work is rebid or negotiated,that Bidder will be disqualified from further bidding on the Work. ACCEPTANCE AND REJECTION OF THE BIDS: The Owner reserves the right to accept or reject the Bids, or portions of Bids if denoted in the Bid as separate schedules, and to award more than one Bid or schedule for the same Bid if any of the aforementioned combination of Bids or schedules will be in the best interest of the Owner. The Owner reserves the right to waive irregularities in any Bid submitted, or reject nonconforming, non-responsive or conditional Bids and to correct arithmetical errors in the Bid prior to comparison. SUBCONTRACTORS: Within seven days after Bids are opened, the apparent low Bidder, and any other Bidder so requested,shall submit a list of all Subcontractors he expects to use in the work. An experience statement with pertinent information as to similar projects and other evidence of qualification shall be furnished for each named subcontractor, if requested by the Owner. If the Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor, they may,before giving the Notice of Award,request the apparent low Bidder to submit an acceptable substitute. If the substitution results in an increase in the Bid, a corresponding adjustment will be made in the contract price. If the apparent low Bidder declines to make any such substitution, the contract may not be awarded to such Bidder,but Bidder's refusal to substitution will not constitute grounds for forfeiture of Bid Security. Any subcontractor so listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the Owner. Contractor shall not be required to employ any subcontractor against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by Owner prior to the Notice of Award will be required in the performance of the work. SANDAN PARK PICNIC PAVILION Page 5 of 9 AWARD OF CONTRACT: OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder,whether because bid is not responsive,or the Bidder is unqualified or of doubtful financial ability,or fails to meet any other pertinent standard or criteria established by the OWNER. The OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternatives,unit prices and other data,as may be requested in the Bid Form or prior to the Notice of Award. In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, or other individuals or entities must be submitted as provided in the Supplementary Conditions. OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility,qualifications,and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. If the Contract is to be awarded, OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. Consideration factors will include conformance with all material terms and conditions of the Contract Documents,Bid price,and other appropriate factors. If the Contract is to be awarded,OWNER will give the Successful Bidder a Notice of Award within sixty(60)days after the day of the bid opening. The OWNER reserves the right to cancel the award of any contract at any time before the complete execution of said Agreement by all parties without any liability against the OWNER. If, at any time this Contract is to be awarded, the total of the lowest acceptable Bid Proposal exceeds the funds then estimated by the Owner as available,the Owner may reject all Bid Proposals or take such other action as best serves the Owner's interests. CANCELLATION OF AWARD: The Owner reserves the right to cancel the award of any contract at any time before the complete execution of the Agreement by all parties without any liability against the Owner. SANDAN PARK PICNIC PAVILION Page 6 of 9 RETURN OF BID GUARANTEE: (N/A)All Bid guarantees,except those of the three lowest Bidders,will be returned immediately following the opening and checking of the Bids. The Bid guarantees of the unsuccessful of the three lowest Bidders will be returned within ten(10) days following the award of the contract. The Bid guarantee of the Bidder to whom the contract is awarded will be returned when said Bidder has executed an Agreement and filed satisfactory Performance and Payment Bonds as hereinafter stipulated. PERFORMANCE AND PAYMENT BONDS (N/A)The Contractor to whom the contract is awarded will be required to furnish a Performance Bond and a Payment Bond in favor of the Owner each in an amount equal to one-hundred percent(100%)of the Agreement amount. The Bonds shall be executed on the forms bound herein, signed by a surety company authorized to do business in the State of Montana, and acceptable as a surety to the Owner and countersigned by a Montana Resident Agent. With the Bonds, there shall be filed with the Owner one copy of Power of Attorney certified to include the date of the Bond. EXECUTION AND APPROVAL OF AGREEMENT: The Agreement shall be signed by the successful Bidder and returned, together with the contract Bonds, within the time shown on the Bid. If the Agreement is not executed by the Owner within fifteen(15)days following receipt from the Bidder of the signed Agreements and Bonds, the Bidder shall have the right to withdraw his Bid without penalty. No Agreement shall be considered as effective until it has been fully executed by all of the parties thereto. FAILURE TO EXECUTE AGREEMENT: Failure to execute the Agreement and furnish a Performance Bond and Payment Bond shall be just cause for annulment of the award. In the event of such annulment of the award, the Bid guarantee shall be forfeited to the Owner, not as a penalty but as liquidation of damages sustained. Award may then be made to the next lowest responsible and qualified Bidder,or the work may be re- advertised as the Owner may decide. BOUND COPY OF CONTRACT DOCUMENTS None of the Instructions to Bidders, Bid Form, Bond forms, Agreement, contract stipulations, or other specifications shall be removed from the bound copy of Contract Documents prior to submission of Bid. PAYMENTS Payment for all work performed under this Agreement will be made by the Owner within the time period specified in and in accordance with the procedures outlined in the General Conditions. Notice of Extended Payment Provision: This contract allows the owner to make payment within 21 days after approval of the payments. Payments made after the time limit will be subject to interest at the rate specified in the Agreement. When the work extends beyond thirty (30) days, progress payments will be made monthly for any work accomplished during the preceding month,but subject to retainage as specified elsewhere. PREVAILING WAGE RATES On all projects and contracts with the Owner, Contractor and all subcontractors shall pay for all labor employed the standard prevailing rate of wages. The standard prevailing rate of wages means that standard prevailing rate of wages in the locality where the work is to be performed as determined by the Montana Commissioner of Labor pursuant to MCA 18-2-402 as amended. The Contractor and subcontractors are directed to the Montana Commissioner of Labor for information on the standard prevailing rate of wages applicable to this contract within this area. POSTING Contractor shall post in a prominent and accessible place on the site of the work a legible statement of all wages to be paid to the employees. LOCAL LABOR Contractor shall give preference to the employment of Montana residents in accordance with applicable portions of Title 18,Chapter 2,Part 4,MCA. MONTANA CONTRACTOR REGISTRATION REQUIREMENTS Contractor and any of the contractor's subcontractors doing work on this project will be required to obtain registration with the Montana Department of SANDAN PARK PICNIC PAVILION Page 7 of 9 Labor and Industry(DLI). Information pertaining to the Montana Contractor Registration requirements may be obtained from the Montana State Department of Revenue,Helena,Montana.(1-800-556-6694) ADDITIONAL CONTRACTOR LICENSE FEE (MONTANA CONTRACTORS GROSS RECEIPTS TAX) In accordance with Title 15, Chapter 50, MCA, the Owner shall withhold, in addition to other amounts withheld as provided by law or specified herein, 1 percent (1%) of all payments due the Contractor and shall transmit such moneys to the Montana Department of Revenue. BIDDER PREFERENCE In accordance with the provisions of Title 18, Chapter 1,Part 1,MCA, a preference will be given to the lowest responsible Bidder who is a resident of the State of Montana over a nonresident Bidder from any state or country that enforces a preference in their state or country for their resident Bidders. The preference given to Montana resident Bidders will be equal to the preference given in the other state or country. This preference applies unless specifically prohibited by Federal laws or regulations. Products manufactured or produced in the State of Montana shall be preferred for use in all projects if such products are comparable in price and quality. Further, wherever possible,products manufactured and produced in the State which are suitable substitutes for products manufactured or produced outside the State and comparable in price, quality and performance shall be preferred for use in this project. Preference regarding these products shall be in accordance with the laws of the State of Montana. SANDAN PARK PICNIC PAVILION Page 8 of 9 l ATTACHMENT A CONSTRUCTION AGREEMENT �k This Construction Agreement is made this Ad— ay of , 201911 by and between the CITY OF BOZEMAN,MONTANA, a municipal orporation organized and existing under the laws of the State of Montana, P.O. Box 1231, Bozeman, Montana 59771- 1231 ("City"), and Mazzella Construction, LLC, whose mailing address is P.O. Box 11463, Bozeman, MT 59719("Contractor"). Recitals A. The City requested price quotations for the construction project known as Sandan Park Picnic Shelter("Construction Project")pursuant to the requirements of all applicable statutes, rules, regulations, and ordinances. B. The City analyzed all responses to the request for price quotations received pursuant to its standard practices and the requirements of all applicable statutes, rules, regulations, and ordinances. C. The City therefore awards the bid to Contractor, pursuant to the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the covenants, agreements, representations, and warranties contained herein,the parties agree as follows: Agreement 1. Work to be Performed: a A description of the Construction Project and Contractor's duties is set forth in the Invitation to Bid and Bid Form as awarded and accepted by City and the Construction Documents for the [SANDAN PARK PICNIC SHELTER, 3125 SAVANNAH STREET, 59718], which are attached hereto and incorporated herein by this reference, and the drawings, plans, and specifications provided by the City and its architects and engineers. Where a provision of any other portion of the Construction Documents conflicts with this Agreement, the terms and conditions of this Agreement shall control. i b6 Prior to the commencement of any work on the Construction Project, Contractor's representatives and City's representatives shall hold a meeting to establish a working understanding among the parties as to the scope of the Construction Project and duties of the Contractor. At this meeting, Contractor and City shall resolve any outstanding issues related to the plans, designs, drawings, and specifications. If the parties are unable to resolve these issues and the City fails, refuses, or is unable to approve the same, no work shall commence on the Construction Project until such issues are resolved and the City approves the related plans, designs, drawings, and specifications. Page 1 of 28 Version 12 14 15 II c Except as provided elsewhere in this Agreement, Contractor shall furnish all the labor, materials, equipment, tools, and services necessary to perform and complete the Construction Project. The Contractor's Bid Form is attached here and incorporated into this Agreement as Exhibit B. d During work on the Construction Project, and as part of the final completion of the Construction Project, Contractor shall clean up the Project site, including the removal and satisfactory disposal of all waste, garbage, excess materials, equipment, temporary buildings, the removal or grading of all embankments made for construction purposes, the filling in of all excavations, and the performance of any other work necessary to restore the site to at least as good order and condition as at the commencement of the Construction Project. 2. City-Supplied Materials: The City may supply materials from time to time in furtherance of the Construction Project. Such materials will be noted as an addendum to this Agreement. 3. Time of Performance: a. Contractor shall begin the Construction Project after receiving a Notice to Proceed from City and shall complete the Construction Project within seventy(70) days (10 weeks) of the starting date stated in the Notice to Proceed. After receiving the "Notice to Proceed"from the City Contractor shall develop a Construction Schedule for approval by the City which shall become part of this Agreement. Time is of the essence of completion of all work and each phase of the Construction Project. b. The Construction Schedule is subject to the City's approval. Contractor's construction plan, methods of operation, materials used, and individuals and subcontractors employed (collectively"Contractor's Resources") are subject to the City's approval at all times during the term of this Agreement, and must be such as to ensure the completion of the work in compliance with the deadlines set in the Construction Schedule during the term of this Agreement. In the event the City determines the Contractor's Resources are inadequate to meet the approved Construction Schedule,the City may order the Contractor to accelerate its performance to give reasonable assurances of timely completion and quality results. Acceleration under this section shall not be deemed a Change Order as defined in Section 5.b. ("Compensation") below and the Contractor shall receive no equitable adjustment for such acceleration. Nothing in this section shall be interpreted to relieve the Contractor of its duties and responsibilities to plan for and complete the work in a timely manner according to the Construction Schedule. 4. Liquidated Damages: If the Construction Project is not completed within the time provided by this Agreement, the City may deduct for each day the Construction Project remains uncompleted the sum of$50 from the compensation hereinafter specified and retain that sum as payment for liquidated damages sustained by reason of the Contractor's failure to complete the Construction Project on time. Page 2 of 28 Version 12 14 15 5. Compensation: a. City shall pay to Contractor, and Contractor shall accept as full payment for the performance of this Agreement and the Construction Project, the amount not to exceed $64,665.30 subject to Change Orders as approved by both parties, and in accordance with Exhibit C. b. If work not included within the original Construction Documents is requested by City, such additional work and the related compensation shall be agreed to in writing by both patties prior to commencement of the additional work("Change Order") pursuant to the Exhibit D- Change of Work Specifications set forth attached hereto. C. Monthly progress payments and final payment will be made only in accordance with the terms of a completed Compensation Schedule to be approved by the City's Representative. All invoices must be submitted to the City's Representative. d City shall retain five percent(5%) of the total amount of compensation to be paid to the Contractor to ensure compliance with the terms and conditions of this Agreement and the timely completion of the Construction Project and any and all "punch list" items ("Retainage Amount"). The Retainage Amount shall be paid to Contractor thirty(30) days after the City's final acceptance of the portion of work for which a separate price is stated in the specifications for the Construction Project. e. Upon acceptance of final payment and for other good and valuable consideration, Contractor shall and hereby does release and forever discharge City, its officers, agents, and employees of and from any and all claims, demands, actions, causes of action, obligations, and liabilities of every kind and character whatsoever, in law and in equity, whether now known or in the future discovered, arising from or related to this Agreement or the Construction Project that Contractor may have or assert against City, its officers, agents, and employees. 6. Inspection and Testing: a. City has the right to inspect and test any and all work performed by Contractor on the Construction Project. Contractor shall allow City and its agents access to the Construction Project at all times and shall provide every reasonable facility for the purpose of such inspection and testing, including temporarily discontinuing portions of the work or uncovering or taking down portions of the finished work. Any inspection and testing performed by the City and its agents is for the sole benefit of the City and shall not relieve the Contractor of its duty, responsibility, and obligation to ensure that the Page 3 of 28 Version 12 14 15 work strictly complies with the Agreement terms and conditions and all applicable laws and building and safety codes. City's inspection and testing shall not be deemed or considered acceptance by the City of any portion of the Construction Project. City's inspection and testing shall not serve to nullify, amend, or waive any warranties provided by the Contractor under this Agreement. K Contractor shall, without charge, replace any material or correct any work found by the City or its agents to be defective or otherwise not in compliance with the terms and conditions of this Agreement. In the event Contractor fails to replace or correct any defective work or materials after reasonable written notice by the City to do so, the City may take such corrective action, either with its own materials and employees or by retaining any third party to do so, and deduct the cost and expense of such corrective action from the Contractor's compensation. 7. Partial Utilization of Construction Project: City shall have the right to use or occupy any portion of the Construction Project that City and Contractor mutually agree is substantially completed and constitutes a separately functioning and usable part of the Construction Project for its intended purpose without significant interference with Contractor's performance of the remaining portions of the Construction Project. In the event City takes possession of any portion of the Construction Project, such possession shall not be deemed an acceptance of the Construction Project, in whole or in part. Contractor shall still be required to conduct any final testing of the portions in the possession of the City. City's use of any portion of the Construction Project shall not be grounds for extensions of any construction deadlines or a change in the Contractor's compensation. Contractor's warranties shall run from the completion of the total Construction Project and not from the date the City may take possession of selected portions of the Construction Project. 8. Related Work at the Site:Nothing in this Agreement shall prevent or preclude City, through its own employees or by contract with any third party, from performing other work related to the Construction Project at the construction site; provided such related work is not otherwise addressed in this Agreement and provided such related work does not otherwise interfere with Contractor's performance of this Agreement or the completion of the Construction Project. Contractor shall afford any City employee, agent or representative, or any third party under contract with the City to perform the related work, proper and safe access to the construction site, a reasonable opportunity for the introduction and storage of materials and equipment, the opportunity to perform the related work, and shall properly coordinate the Contractor's work on the Construction Project with the related work. 9. Contractor's Warranties: Contractor represents and warrants as follows: a. Unless otherwise specified by the terms of this Agreement, all materials and equipment used by Contractor on the Construction Project shall be new and where not otherwise specified, of the most suitable grade for their intended uses. b6 All workmanship and materials shall be of a kind and nature acceptable to the City. Page 4 of 28 Version 12 14 15 c All equipment, materials, and labor provided to, on, or for the Construction Project must be free of defects and nonconformities in design, materials, and workmanship for a minimum period beginning with the commencement of the work on the Construction Project and ending one (1)calendar year from the final completion and acceptance by the City of the Construction Project, regardless of whether such equipment, materials, or labor were supplied directly by Contractor or indirectly by Contractor's subcontractors or suppliers. Other express warranties on materials that provide for a warranty period longer than one year apply for the period of that express warranty and are not reduced by this provision. Upon receipt of City's written notice of a defective or nonconforming condition during the warranty period, Contractor shall take all actions, including redesign and replacement, to correct the defective or nonconforming condition within a time frame acceptable to the City and at no additional cost to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that such defective or nonconforming condition has been corrected. Contractor warrants the corrective action taken against defective and nonconforming conditions for a period of an additional one (1)year from the date of City's acceptance of the corrective action. d. Contractor and its sureties are liable for the satisfaction and full performance of all warranties. e Contractor shall give its personal attention to the faithful prosecution of the completion of the Construction Project and Contractor, or its duly authorized representative assigned to serve as the Construction Project Manager, shall be personally present at the site of the Construction Project during working hours for the term of this Agreement until the completion of the Construction Project. f Contractor shall have a complete, accurate, and up-to-date set of construction plans, drawings, and specifications on site at all times. Contractor has examined all available records and made field examinations of the site of the Construction Project. Contractor has knowledge of the field conditions to be encountered during the Construction Project. Contractor has knowledge of the types and character of equipment necessary for the work,the types of materials needed and the sources of such materials, and the condition of the local labor market. IL Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs, temporary passages, or other protections necessary for that purpose at all times. i. All work must be performed at Contractor's risk, and Contractor shall promptly repair or replace all damage and loss at its sole cost and expense regardless of the reason or cause of the damage or loss; provided, however, should the damage or loss Page 5 of 28 Version 12 14 15 be caused by an intentional or negligent act of the City, the risk of such loss shall be placed on the City. j Contractor is responsible for any loss or damage to materials,tools, or other articles used or held for use in the completion of performance of the Construction Project. k Contractor's performance must be without damage or disruption to any other work or property of the City or of others and without interference with the operation of existing machinery or equipment. l Title to all work, materials, and equipment covered by any payment of Contractor's compensation by City, whether directly incorporated into the Construction Project or not, passes to City at the time of payment, free and clear of all liens and encumbrances. 10. Delays and Extensions of Time: If Contractor's performance of this Agreement is prevented or delayed by any unforeseen cause beyond the control of the Contractor, including acts or omissions of the City, Contractor shall, within ten (10) days of the commencement of any such delay, give the City written notice thereof. Further, Contractor shall, within ten (10)days of the termination of such delay, give the City written notice of the total actual duration of the delay. If the City is provided with these required notices and if the City determines that the cause of the delay was not foreseeable, was beyond the control of the Contractor, and was not a result of the fault or negligence of the Contractor, then the City will determine the total duration of the delay and extend the time for performance of the Agreement accordingly. Unless the delay is caused by the intentional interference of the City with the Contractor's performance, Contractor shall make no claim for damages or any other claim other than for an extension of time as herein provided by reason of any delays. 11. Suspension: a. The City may, by written notice to the Contractor and at its convenience for any reason, suspend the performance of all or any portion of the work to be performed on the Construction Project ("Notice of Suspension"). The Notice of Suspension shall set forth the time of suspension, if then known to the City. During the period of suspension, Contractor shall use its best efforts to minimize costs associated with the suspension. b. Upon Contractor's receipt of any Notice of Suspension, unless the notice requires otherwise, Contractor shall: (1) immediately discontinue work on the date and to the extent specified in the Notice of Suspension; (2) place no further orders or subcontracts for materials, services, or equipment; (3) promptly make every reasonable effort to obtain suspension upon terms satisfactory to City of all orders, subcontracts, and rental agreements to the extent that they relate to the performance of the work suspended; and (4) continue to protect and maintain the Project, including those portions on which work has been suspended. Page 6 of 28 Version 12 14 15 c As compensation for the suspended work, Contractor will be reimbursed for the following costs, reasonably incurred, without duplication of any item, and to the extent that such costs directly resulted from the suspension: (1) a standby charge paid during the period of suspension which will be sufficient to compensate Contractor for keeping, to the extent required in the Notice of Suspension, Contractor's organization and equipment committed to the Project in standby status; (2) all reasonably incurred costs for the demobilization of Contractor's and subcontractor's crews and equipment; (3) an equitable amount to reimburse Contractor for the cost to protect and maintain the Project during the period of suspension; and (4) an equitable adjustment in the cost of performing the remaining portion of the work post-suspension if, as a direct result of the suspension, the cost to Contractor of subsequently performing the remaining work on the Construction Project has increased or decreased. d. Upon receipt of written notice by the City to resume the suspended work ("Notice to Resume Work"), Contractor shall immediately resume performance of the suspended work as to the extent required in the Notice to Resume Work. Any claim by Contractor for time or compensation described in Section 11(c) shall be made within fifteen (15) days after receipt of the Notice to Resume Work and Contractor shall submit a revised Construction Schedule for the City's review and approval. Contractor's failure to timely make such a claim shall result in a waiver of the claim. C. No compensation described in Section I I(c) shall be paid and no extension of time to complete the Construction Project shall be granted if the suspension results from Contractor's non-compliance with or breach of the terms or requirements of this Agreement. 12. Termination for Contractor's Fault: a If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor's right to proceed with all or any part of the Construction Project ("Termination Notice Due to Contractor's Fault"). The City may then take over the Construction Project and complete it, either with its own resources or by re-letting the contract to any other third party, and may immediately take possession of and use such materials, appliances, tools, and equipment as may be on the site and which may be necessary for the completion of the Construction Project. h In the event of a termination pursuant to this Section 12, Contractor shall be entitled to payment only for those services Contractor actually rendered. In the case of a lump sum or unit price contract, Contractor shall not be entitled to any further payment until the Construction Project has been completed. Upon completion of the Construction Project, if the unpaid balance of the Contractor's compensation exceeds the cost to the City of completing the work, including all costs paid to any subcontractors or third parties retained by the City to complete the Construction Project and all administrative costs resulting from the termination ("City's Cost for Completion"), such excess shall be Page 7 of 28 Version 12 14 15 paid to the Contractor. If the City's Cost for Completion exceeds the unpaid balance of the Contractor's compensation, then Contractor and its sureties shall be liable for and shall pay the difference, plus interest at the rate applicable to court judgments, to the City. C. Any termination provided for by this Section 12 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d In the event of termination under this Section 12, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 13. Termination for City's Convenience: a Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease work on the Construction Project, City may terminate this Agreement by written notice to Contractor("Notice of Termination for City's Convenience"). The termination shall be effective in the manner specified in the Notice of Termination for City's Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City's Convenience, unless otherwise directed in the Notice,the Contractor shall immediately cease work on the Construction Project, discontinue placing orders for materials, supplies, and equipment for the Construction Project, and make every reasonable effort to cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed, in progress, or in transit to the construction site. c In the event of a termination pursuant to this Section 13, Contractor is entitled to payment only for those services Contractor actually rendered and materials actually purchased or which Contractor has made obligations to purchase on or before the receipt of the Notice of Termination for City's Convenience, and reasonably incurred costs for demobilization of Contractor's and any subcontractor's crews. It is agreed that any materials that City is obligated to purchase from Contractor will remain the City's sole property. d The compensation described in Section 13(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. Page 8 of 28 Version 12 14 15 14. Limitation on Contractor's Damages; Time for Asserting Claim: a In the event of a claim for damages by Contractor under this Agreement, Contractor's damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. h. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ten (10) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 15. Representatives: a City's Representative: The City's Representative for the purpose of this Agreement shall be [insert name of representative (could be the consulting architect or engineer)or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City's Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City's Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents and may receive approvals or authorization from such persons. b. Contractor's Representative: The Contractor's Representative for the purpose of this Agreement shall be Andrew Mazzella (admazella ggmail.com) or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor's Representative; provided, however, that in exigent circumstances when Contractor's Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. 16. Locating Underground Facilities: Contractor shall be responsible for obtaining and determining the location of any underground facilities, including but not limited to, the location of any pipelines or utility supply, delivery, or service lines in accordance with the provisions of§69-4-501, et seq., MCA. Contractor shall make every effort to avoid damage to underground facilities and shall be solely responsible for any damage that may occur. If City personnel assume responsibility for locating any underground facilities, this fact shall be noted in writing prior to commencement of such location work. 17. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, pay all fees Page 9 of 28 Version 12 14 15 and charges in connection therewith, and perform all surveys and locations necessary for the timely completion of the Construction Project. 18. Ownership of Documents; Indemnification: All plans, designs, drawings, specifications, documents, sample results and data, in whatever medium or format, originated or prepared by or for Contractor in contemplation of, or in the course of, or as a result of this Agreement or work on the Construction Project, shall be promptly furnished to the City("City Documents and Information"). All City Documents and Information shall be the exclusive property of the City and shall be deemed to be works-for-hire. Contractor hereby assigns all right, title, and interest in and to the City Documents and Information, including but not limited to, all copyright and patent rights in and to the City Documents and Information. Neither party grants to the other any express or implied licenses under any patents, copyrights,trademarks, or other intellectual property rights, except to the extent necessary to complete its obligations to the other under this Agreement. 19. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers' compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA),the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 20. Non-discrimination: The Contractor shall have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor shall not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. The Contractor shall require these nondiscrimination terms of its sub-contractors providing services under this agreement. 21. Intoxicants; DOT Drull and Alcohol Regulations: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the site of the Construction Project. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. Page 10 of 28 Version 12 14 15 22. Labor Relations: a Contractor shall post a legible statement of all wages and fringe benefits to be paid to the Contractor's employees and the frequency of such payments (i.e., hourly wage employees shall be paid weekly). Such posting shall be made in a prominent and accessible location at the site of the Construction Project and shall be made no later than the first day of work. Such posting shall be removed only upon the final completion of the Construction Project and the termination of this Agreement. K In performing the terms and conditions of this Agreement and the work on the Construction Project, Contractor shall give preference to the employment of bona fide residents of Montana, as required by §18-2-403, MCA, and as such, term is defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers both skilled in their trade and specialized in their field of work for all work to which they are assigned. c Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, benefits, and expenses in conformance with the current version of the Prevailing Wage Rates for Building Construction Services as published by the Montana Department of Labor and Industry and which are applicable to Gallatin County. Contractor shall pay all hourly wage employees on a weekly basis. Violation of the requirements to pay applicable prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll records and provide certified copies to the City. Contractor shall maintain such payroll records during the term of this Agreement, the course of the work on the Construction Project, and for a period of three (3) calendar years following the date of final completion of the Construction Project and termination of this Agreement. d In the event that, during the term of this Agreement and throughout the course of Contractor's performance of the Construction Project, any labor problems or disputes of any type arise or materialize which in turn cause any work on the Construction Project to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take to resume work on the Construction Project shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the work on the Construction Project to resume and be completed within the time frames set forth in the Construction Schedule at no additional cost to City. e. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 23. Subcontractors: a Contractor may employ subcontractors for any work on the Construction Page 11 of 28 version 12 14 15 Project. Contractor shall provide City with a list of all subcontractors employed. b. Contractor remains fully responsible for the acts and omissions of any subcontractor,just as Contractor is for its own acts and omissions, and Contractor shall remain fully responsible and liable for the timely completion of the Construction Project. C. Contractor is solely liable for any and all payments to subcontractors. Contractor shall hold all payments received from the City in trust for the benefit of subcontractors, and all such payments shall be used to satisfy obligations of the Construction Project before being used for any other purpose. Contractor shall make any payments due to any subcontractor within seven (7) days of Contractor's receipt of payment, including a proportional part of the retainage Contractor has received from the City. In the event of a dispute regarding any subcontractor's invoice, Contractor shall promptly pay the undisputed amount to the subcontractor and notify the subcontractor in writing of the amount in dispute and the reasons for the dispute. Any withholding of payment must comply with the requirements of§28-2-2103, MCA. In the event the Contractor is unwilling or unable to make timely and proper payment to any subcontractor, City may elect to withhold any payment otherwise due to Contractor and upon seven (7) days' written notice to Contractor, may pay subcontractor by direct or joint payment. 24. Indebtedness and Liens: Before City may make any final payment to Contractor, Contractor shall furnish City with satisfactory proof that there are no outstanding debts or liens in connection with the Construction Project. If the Contractor allows any indebtedness to accrue to subcontractors or others during the progress of the work, and fails to pay or discharge the same within five (5) days after demand, then City may either withhold any money due to Contractor until such indebtedness is paid or apply the same towards the discharge of the indebtedness. If any lien or claim is filed or made by any subcontractor, material supplier, or any other person, the Contractor shall immediately notify the City and shall cause the same to be discharged of record within thirty(30) days after its filing. 25. Hazard Communication: Contractor shall comply with all hazard communication requirements dictated by the Environmental Protection Agency, the Montana Department of Agriculture, OSHA, Hazard Communications Standard, 29 CFR 1910.1200, and applicable City ordinances. Contractor shall supply a chemical list, the associated material safety data sheets (MSDS), and other pertinent health exposure data for chemicals that the Contractor's, subcontractor's or the City's employees may be exposed to while working on City property during the course of the Construction Project. One copy of this documentation must be delivered to City to the attention of the City's Representative. This documentation must be delivered before work involving these chemicals may commence. 26. Accounts and Records: During the term of this Agreement and for two (2) years following the City's final acceptance of the Construction Project, Contractor shall maintain accounts and records related to the Construction Project. Upon reasonable notice, City shall have the right to inspect all such accounts and records, including but not limited to, Contractor's records, books, correspondence, instructions, drawings, specifications, field and site notes, receipts, invoices, bills, contracts, or other documents relating to the Construction Project. Page 12 of 28 Version 12 14 15 27. Indemnification; Insurance;Bonds: a. Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney's fees and the costs and fees of and expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i)the negligent, reckless, or intentional misconduct of the Contractor; (ii) any negligent, reckless, or intentional misconduct of any of the Contractor's agents; or (iii)the negligent, reckless, or intentional misconduct of any other third party. b. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). C. Contractor's indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. d Should any indemnitee described herein be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor's applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s)thereof. e In the event of an action filed against City resulting fi-om the City's performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. f Contractor also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except"responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent" as per 28-2-702, MCA. Page 13 of 28 Version 12 14 15 91 These obligations shall survive termination of this Agreement and the services performed hereunder. h In addition to and independent from the above, Contractor shall at Contractor's expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as shown on Exhibit E. The amounts of insurance provided shall be exclusive of defense costs. The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty(30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. Contractor shall notify City within two (2) business days of Contractor's receipt of notice that any required insurance coverage will be terminated or Contractor's decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 28. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. Contractor understands that all contractors or subcontractors working on a publicly funded project are required to pay or have withheld from earnings a license fee of one percent(1%)of the gross contract price if the gross contract price is Five Thousand Dollars ($5,000)or more. This license fee is paid to the Montana Department of Revenue. 29. Dispute Resolution: a. Any claim, controversy, or dispute between the patties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty(30) days from the date the dispute was first raised, then such dispute shall be resolved in a court of Page 14 of 28 Version 12 14 15 competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 30. Survival: Contractor's indemnification and warranty obligations shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 31. Headines: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 32. Waiver: A waiver by City of any default or breach by Contractor of any covenants, terms, or conditions of this Agreement does not limit City's right to enforce such covenants, terms, or conditions or to pursue City's rights in the event of any subsequent default or breach. 33. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 34. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 35. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 36. Amendments: This Agreement may not be modified, amended, or changed in any respect except by a written document signed by all parties. 37. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 38. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 39. Assignment: Contractor may not assign this Agreement in whole or in part without the prior written consent of the City. No assignment will relieve Contractor of its responsibility for the performance of the Agreement and the completion of the Construction Project. Contractor may not assign to any third party other than Contractor's subcontractors on the Construction Project, the right to receive monies due from City without the prior written consent of City. 40. Authority: Each party represents that it has full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to sign this Agreement. Page 15 of 28 Version 12 14 15 41. Independent Contractor: The parties agree acid acknowledge that in the performance of this Agreement and the completion of the C.dnstruction Project, Contractor shall render services as an independent contractor and not as toe agent, representative, subcontractor, or employee of the City. The parties further agree that��'ll individuals and companies retained by Contractor at all times will be considered the agents�dmployees, or independent contractors of Contractor and at no time will they be the employe s, agents, or representatives of the City. 42. Agreement Documents: All w k on the Construction Project shall be performed by Contractor in accordance with I of the terms and conditions of this Agreement and are incorporated herein by this referenc : Exhibit A: Conti-actor's sub ' ed Bid Form Exhibit B: Construction Sc dule Exhibit C: Compensation chedule Exhibit D: Change of Wo Specifications Exhibit E: Required Ins rance Coverage Exhibit F: Required B ds Exhibit G: Plans and ecifications 43. Integration: Thi Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Cove ants or representations not contained therein or made a part thereof by reference, are not b' ding upon the parties.There are no understandings between the parties other than as set forth ' this Agreement. All communications, either verbal or written, made prior to the date of this greement are hereby abrogated and withdrawn unless specifically made a part of this Agreeme t by reference. IN WITNESS REOF, Contractor and City have caused this Agreement to be executed, effective on the d to written above, and intend to be legally bound thereby. CITY OF BOZEMAN, NTANA CONTRACTOR By: Andrea Surratt, City Manager By: (Print Name) Title: APPROVED AS TO FORM (§18-2-406, MCA): Greg Sullivan, City Attorney Page 16 of 28 Version 12 14 15 41. Independent Contractor: The parties agree and acknowledge that in the performance of this Agreement and the completion of the Construction Project, Contractor shall render services as an independent contractor and not as the agent, representative, subcontractor, or employee of the City. The parties further agree that all individuals and companies retained by Contractor at all times will be considered the agents, employees, or independent contractors of Contractor and at no time will they be the employees, agents, or representatives of the City. 42. Agreement Documents: All work on the Construction Project shall be performed by Contractor in accordance with all of the terms and conditions of this Agreement and are incorporated herein by this reference: Exhibit A: Contractor's submitted Bid Form Exhibit B: Construction Schedule Exhibit C: Compensation Schedule Exhibit D: Change of Work Specifications Exhibit E: Required Insurance Coverage Exhibit F: Required Bonds Exhibit G: Plans and Specifications 43. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. IN WITNESS WHEREOF, Contractor and City have caused this Agreement to be executed, effective on the date written above, and intend to be legally bound thereby. CITY OF BOZE ,MONTANA CONTRACTOR �t�i�z�� By: Andrea Surratt, City Manager By: /�M/ft'-j (Print Name) Title: APP OV O FORM (§18-2-406,MCA): Greg Sullivan, City Attorney Page 21 of 28 Version 12 14 15 EXHIBIT A -NOT APPLICABLE Notice of Award (for advertised competitively bid contracts only) Dated: TO: ADDRESS: PROJECT: CONTRACT FOR: You are notified that your Bid opened on ,for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the: Project. The Contract Price of your Contract is: ($,000.001. Five(5)copies of Contract Documents(except Drawings)accompany this Notice of Award. You must comply with the following conditions precedent within fifteen(15)days of the date of this Notice of Award, that is,by 1. You must deliver to the OWNER Five(5)fully executed counterparts of the Agreement including all the Contract Documents and Drawings. Executed copies will be distributed as follows: City Clerk; Facilities; Parks;Architect; Contractor. 2. You must deliver with the executed Construction Agreement the Contract Security(Bonds)as specified in the Instruction to Bidders. 3. You must deliver with the executed Construction Agreement the Certificates of Insurance as specified in the Agreement. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned,to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten(10)days after you comply with these conditions, OWNER will return to you two fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN, MONTANA ATTEST: BY: BY: (CITY MANAGER) (CITY CLERK) DATE: Page 17 of 28 Version 12 14 15 EXHIBIT B -Contractor's Bid Form ADDENDUM TO BID: NEW or REVISED ITEMS ARE IN BOLD TYPE. SANDAN PARK PAVILION BID FORM Note:Notice to Proceed is scheduled to be issued on May 1,2018. However,Owner reserves the right to delay start of project up to June 1,2018 until site conditions are suitable to minimize site disturbance(i.e.,dried out). p.1 12 BIDS DUE TUESDAY,APRIL 10th at 2 00PM• VIA EMAIL TO:CPOiSSANT@BOZEMAN.NET Contractor: e(M4A�_e� 6bt -1',vCf O-i (, CEmail: Mailing address: v- M 7 12 Contractor License No, QT Exp.Date 10 Contractor signature: Com an Contractors: please fill out each line item below for labor and material separately on each provided line. This Is a bid form to be used as a schedule of values under the construction agreement to be approved by of the City of Bozeman. The City of Bozmean is the property owner and has ultimate authority over the project All work shall be performed in compliance with City of Bozeman standards,codes,and outer applicable state and local regulations.Contact-Carolyn Poissant,Manager of Trails,Open Space and Parks Design&Development Phone: 406.592.2909 Email:cpoissant@bozeman.net SCOPE OF WORK QTY UNIT UNIT COST TOTAL EXCAVATION-all items(see note#8) 1 LUMP SUM $7,000.00 $7,000,00 OVER-EXCAVATION(see note#9) unit price per SF/1 I1 $1.50 only STRUCTURAL FILL (see note# 10) unit price CYD $25.00 only LANDSCAPE&IRRIGATION(see Note#6 1 LUMP SUM $12,500.00 $12,500.00 includes bluegrass sod,omit seeding CONCRETE WALKWAY 556 SF $6.00 $3,336.00 CONCRETE PAD W/THICKENED EDGE 1 LUMP SUM $7,500.00 $7,500.00 CONCRETE FOOTINGS 1 LAMP SUM $1,500.t10 $1,500.00 STEEL FABRICATION 1 LUMP SUM $4,500.00 $4,500.00 METAL FRAMING 1 LUMP SUM $3,000,00 $3,000,00 WOOD FRAMING 1 LUMP SUM $9,000.00 $9,000.00 ROOF 1 LUMP SUN! $8,000.00 $8,000A0 CLEANUP 1 LUMP SUM $1,000.00 $1,000.00 INSTALL PICNIC TABLE(INCL.BENCHES 2 EACH $400.00 $800.00 see Note#8 MISC.-ALL OTHER COSTS TO COhIPLETE 1 LUMP SUM $500.00 $500.()0 THE WORK ACCORDING TO PLANS&SPECS INSURANCE,OVERHEAD 1 LUMP SUM $2,950.00 $2,950.00 5%ALLOWANCE FOR SITE CONDITIONS PER OWNER $31079.30� SUBTOTAL, $("I,6(i. Page 18 of 28 Version 12 14 15 EXHIBIT B -Contractor's Bid Form (cont'd) CATAIL CREEK SANDAN PARK PAVILION BID FORM NOTES: 1)Bidder acknowledges all plans and specifications for this project have been reviewed,and all scope of work is included in the price by submitting this bid for selection. 2)Architect shall submit building permit application and City will pay cost of permit.Contractor shall arrange all inspections directty with Building Department and obtain approvals under the permit. 3) Contractor shall coordinate directly with architect for approval of shop drawings and all inspections requested by the architect. 4) Project drawings are"Sandan Park Pavilion,Cattail Creek Subdivision,Bozeman Montana," Project No. 17-05 Sheets A1.1,A2.1,A3.1,A4.1 dated February 8,2018,by Plum Design Lab,Cole Robertson,Licensed Architect.Project Special Provisions(specifications)dated April 5,2018 also 5) City of Bozeman is property owner and has ultimate authority over the project. All work shall be performed in compliance with City of Bozeman standards,codes,and other applicable state and local regulations.Contact:Carolym Poissant,Manager of Trails,Open Space and Parks Design&Development. Phone:406.502.2008 Email:epoissant0bozeman.net 61 Contractor shall oordinate with Cattail COA for control of irrigation.Contractor shall provide all labor and materials as necessary to:a)adjust irrigation to maintain head-to-head spray coverage of turf outside the shelter,with no overspray onto the shelter or concrete;b)repair and restore all excavated and damaged turf areas with bluegrass sod. Contractor shall repair all damage to existing concrete,turf areas,vegetation,irrigation,etc.and restore the entire site to the pre-existing or better condition.Pavnrent may be witheld until site restoration is completed. 7) Contractor shall coordinate delivery of picnic tables with Pilot Rock(pilotrockCccz i-jthomas.coin) and provide all necessary hardware,tools,and materials to complete installation. Picnic tables have been ordered and paid for by the City.Include cost of assembly and installation. 8) "Excavation-all items"includes all excavation and removal of excess material for all work associated with installation of all the items shown on the drawings(lump sum). 9) "Over-excavation"includes excavation and removal of excess material for the excavation needed for a geotech sample,as well as any additional excavation needed for the installation of additioinal structural fill.Provide a unit price per SF,per 1 ft depth. 10)Structural fill is defined in the Special Provisions(last section). This bid item includes all labor and materials to provide and place additional structural fill required by overexcavation,or as directed by the architec. Contractor signature 1/1 p.2l2 Page 19 of 28 Version 12 14 15 NON-DISCRIMINATION AFFIRMATION FORM [name of entity submitting]hereby affirms it will not discriminate on t e basis of race,color,religion,creed,sex,age, marital status,national origin,or because of actual or perceived sexual orientation, gender identity or disability in the performance of work performed for the city of Bozeman, if a contract is awarded to it,and also recognizes the eventual contract,if awarded,will contain a provision prohibiting discrimination as described above and that this prohibition shall apply to the hiring and treatment of the WhVito (0 4g ), (k(-- [name of entity submitting]employees and to all subcontracts it ent s into in performance of the agreement with the city of Bozeman. Signature of Bidder: Person authorized to sign on behalf of the bidder Page 20 of 28 Version 12 14 15 EXHIBIT C Compensation Schedule Contractor shall not demand or be entitled to receive payment for any work on the Construction Project, in whole or in part, except in the manner set forth herein. Monthly Progress Payments A After the commencement of work on the Construction Project, the Contractor may request monthly progress payments by submitting an Application for Payment to the City's Representative during each successive calendar month, with a copy to the project architect or engineer. The Application for Payment must be based upon the actual or estimated percentage of work completed and materials supplied on the Construction Project prior to the date of the Application and shall be filled out and signed by the Contractor on a form provided by the City. Contractor shall attach all supporting documentation to the Application, including certified payroll records and receipts, to verify that the work claimed in the Application has been completed. Only one Application for Payment may be submitted within a calendar month. R Beginning with the second Application for Payment, each Application shall also include an affidavit signed by the Contractor stating that all previous monthly progress payments received have been applied on account to discharge Contractor's obligations associated with the prior Applications for Payment. C City and its architect or engineer shall promptly review all Applications for Payment and, within twenty-one (21) days after receipt of each Application, determine whether a progress payment should be disapproved in whole or in part. An Application for Payment is considered to have been received when it is submitted to City's Representative and is considered approved unless prior to the expiration of the 21-day period the City or its architect or engineer provides the Contractor with a written statement containing specific items that are being disapproved. A progress payment or any portion may be disapproved upon a claim of: (1) unsatisfactory job progress; (2) failure to remedy defective construction work or materials; (3) disputed work or materials; (4) failure to comply with material provisions of this Agreement, drawings, plans, specifications for the Construction Project, or other required documents, including but not limited to, payroll certifications, insurance coverage, bonding, lien releases, warranties, material certifications, and test data; (5) failure of Contractor to make timely payment for claims including, but not limited to claims for labor, equipment, materials, subcontracts, taxes, fees, professional services, rent, and royalties; (6) damages to the City; (7) the existence of reasonable evidence that the Agreement cannot be completed for the unpaid balance of the Agreement's Compensation; and (8) Contractor's non-compliance with applicable federal, state, and local laws, rules, and ordinances. D. The City will furnish Contractor a written statement specifying a reason for disapproval that is listed in Section C above for which approval of the Application for Payment or a portion thereof is being withheld. If the City disapproves only a portion of an Application for Payment, the remainder of the Application for Payment is considered approved. Page 21 of 28 Version 12 14 15 E If the City approves a monthly progress payment, the City shall withhold the five percent (5%) Retainage Amount from the total payment requested in the Application for Payment and inay withhold an amount that is sufficient to pay the direct expenses that the City may reasonably expect will be necessary to correct any claim based on the eight(8) items set out in Section C above. City shall tender the balance of the approved monthly progress payment to Contractor within seven (7) days following the approval. E Contractor understands that the Montana Public Contractors' Gross Receipts Tax requires all contractors or subcontractors working on a publicly funded project to pay or have withheld from earnings one percent(1%)of the gross contract price if the public contract price, including subcontracts attached thereto, is Five Thousand Dollars ($5,000) or more. If required, the City will withhold this tax from any payment made to Contractor and will remit the amount withheld to the Montana Department of Revenue. Contractor must withhold the tax from payments made to subcontractors by Contractor. G. City's approval of any progress payment shall not operate as City's acceptance of any portion of the Construction Project as complete or free of defects or nonconforinities, nor shall it operate as a waiver of Contractor's obligations under the Agreement including, but not limited to, Contractor's testing and warranty obligations. Final Payment A Upon completion of the Construction Project, Contractor shall submit a final Application for Payment to the City's Representative seeking payment of the remaining balance of Contractor's compensation, including all retainage amounts. Contractor shall attach all supporting documentation and receipts to the final Application for Payment to verify that the Construction Project has been fully and finally completed in compliance with all terms and conditions of the Agreement, including complete and legally effective releases or waivers of all liens or encumbrances that have been filed against the Construction Project, and a consent from all of Contractor's sureties to final payment. In addition, Contractor shall include an affidavit signed by the Contractor stating that all previous monthly progress payments received have been applied on account to discharge Contractor's obligations associated with the Construction Project and that the prior Applications for Payment and all claims asserted by any person arising from or related to the Construction Project have been settled or satisfied. In the event any claims have not been settled or satisfied, the Affidavit shall contain a complete listing of such claims, the name and address of each person making a claim, the facts and circumstances surrounding each claim, the amount of each claim, and the efforts made to date by Contractor to resolve, settle or satisfy each claim. R City and its architect or engineer shall promptly review the final Application for Payment and, within twenty-one (21) days after receipt of the request, determine whether it should be disapproved in whole or in part. The final Application for Payment is considered to have been received when it is submitted to City's Representative and is considered approved unless the City's Representative provides the Contractor with a written statement containing specific items that are being disapproved prior to the expiration of the 21-day period. A final payment or any portion may be disapproved upon a claim of. (1) unsatisfactory job progress; (2) Page 22 of 28 Version 12 14 15 after City's final inspection of the Construction Project, Contractor has not completed all punch list items and failed to remedy defective construction work or materials; (3) disputed work or materials; (4) failure to comply with material provisions of this Agreement, drawings, plans, specifications for the Construction Project, or other required documents including, but not limited to, payroll certifications, insurance coverage, bonding, lien releases, warranties, material certifications, and test data; (5) failure of Contractor to make timely payment for claims including, but not limited to, claims for labor, equipment, materials, subcontracts, taxes, fees, professional services, rent, and royalties; (6) claims have been brought or liens have been filed against Contractor or the City related to the Construction Project, or any such claims have not been properly documented in Contractor's Affidavit; (7) damage to the City; (8)Contractor has not delivered all maintenance and operating instructions, marked-up record documents, and any other documents relating to the Construction Project as required by City; and (9)the Contractor is not in compliance with applicable federal, state, and local laws, rules, and ordinances and has not remedied the noncompliance. C The City's Representative will furnish Contractor a written statement specifying a reason for disapproval that is listed in Section B above for which approval of the final Application for Payment or a portion thereof is being withheld. If the City disapproves only a portion of an Application for Payment, the remainder of the Application for Payment is considered approved. D. Final payment is due and payable within fourteen (14) days of the City's Representative's approval, but City may withhold an amount that is sufficient to pay the direct expenses that the City may reasonably expect will be necessary to correct any claim based on the nine (9) items set out in Section B above and any tax withholding required by law. Page 23 of 28 Version 12 14 15 EXHIBIT D Change of Work Specifications A. City may, at any time or from time to time, order changes, additions, deletions, or revisions to the work on the Construction Project by submitting a written Change Order to Contractor on a form as provided for by the City. Upon receipt of any Change Order, Contractor shall comply with the terns of the changed work as reflected in the Change Order. B. City and Contractor shall negotiate in good faith for an agreement as to any increase or decrease in the Contractor's compensation that results from any Change Order. The increased or decreased Contractor's compensation shall be set forth in the Change Order and both the City and the Contractor shall sign the Change Order as an indication of their respective acceptance of the changes and modifications to the Agreement. In the event the City and Contractor are unable to agree upon the increase or decrease in Contractor's compensation resulting from any Change Order, such increase or decrease shall be determined as follows: 1. increases to Contractor's compensation shall be calculated as follows and shall be evidenced by Contractor's submission to the City of its actual supporting documentation including time slips/cards, invoices, and receipts: a. by unit prices otherwise set forth in the Agreement or subsequently agreed upon; b. by an agreed upon lump sum; or C. by the cost of the work and an agreed upon mark-up for Contractor's overhead and profit, with the costs of the work determined as follows: 01 Contractor's actual, direct payroll expenses for the cost of labor. Payroll expenses shall only include actual gross wages paid, without any deductions, withholding, or overhead. The agreed upon mark-up fee shall cover Contractor's liability insurance,workers' compensation, and Social Security taxes applicable to said wages, Contractor's reasonable profit, the costs for the use of small tools and equipment not otherwise classified under heavy equipment use, and Contractor's general overhead expenses. on Contractor's actual cost of materials, including actual transportation costs, for all materials supplied by Contractor. (in) Costs for the use of heavy equipment and the transportation of the same. Such costs shall be the actual rental fees incurred for the use of the heavy equipment and the actual costs of transporting such heavy equipment to and fro►n the site of the Construction Project. Page 24 of 28 Version 12 14 15 2. decreases to Contractor's compensation shall be determined by the City's good faith estimate. If Contractor disagrees with such good faith estimate, Contractor can avail itself of the Dispute Resolution provisions set forth in the Agreement. C. Except for minor modifications in the work not involving an increase of costs or Contractor's compensation and not inconsistent with the purposes of the work required by the Agreement, and except in an emergency situation which endangers life or property, no change to the work requirements shall be made unless pursuant to a written Change Order duly executed. D. Contractor shall not be entitled to any increase in the Contractor's compensation or the extension of any deadlines set forth in Construction Schedule with respect to any work performed by Contractor that is not required by the terms and conditions of the Agreement and is not contained in a duly executed Change Order. Page 25 of 28 Version 12 14 15 EXHIBIT E Required Insurance Coverage Contractor shall purchase and maintain insurance coverage as set forth below. The insurance policy must protect, defend, and indemnify the City, its employees,, officers, and agents and must endorse the City, its employees, officers and agents as an additional insureds and be written on a"primary—noncontributory basis." Each coverage shall be obtained frorn an insurance company that is duly licensed and authorized to transact insurance business and write insurance within the state of Montana, with a rninimum of "A.M. Best Rating" of A-, VI, as will protect the Contractor, the various acts of subcontractors,the City and its officers, employees, agents, and representatives from claims for bodily injury and/or property damage which may arise from operations and completed operations under this Agreement. All insurance coverage shall remain in effect throughout the life of this Agreement and for a minimum of one (1) year following the date of expiration of Contractor's warranties. All insurance policies must contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least forty-five(45) days prior written notice has been given to Contractor, City, and all other additional insured to whom a certificate of insurance has been issued. Required Insurance Coverage: 1. Commercial General Liability $1.500.000 per occurrence (bodily injury and property damage) $3.000.000 aggregate 2. Products and Completed Operations $3,000,000 3. Automobile Liability $1.500,000 per accident (all owned,hired, non-owned) 4. Workers'Compensation Not less than statutory limits 5. Employers' Liability $1,500,000 6. Professional Liability(E&O) $1,500,000 (only if applicable) 7. Builder's Risk/Property Insurance (for buildings) Equal to greater of Contractor's compensation or full replacement(covering all work. buildings, materials and equipment,whether on site or in transit, loss due to fire, lightening,theft,vandalism, malicious mischief,earthquake,collapse,debris removal,demolition occasioned by enforcement of laws,water damage,flood if site within a flood plain,repair or replacement costs,testing and start-up costs) 8. Owner's and Contractor's Protective Liability $1,000,000 per occurrence $3,000,000 aggregate 9. Contractual Liability Insurance $1,000,000 per occurrence (covering indemnity obligations) $3,000,000 aggregate Additional coverage may be required in the event of the following: crane operating services:add On-Hook Coverage transportation services:add$1,000,000 Transit Coverage Page 26 of 28 Version 12 14 15 HCECCACCI ACORO DATE(MM/DD/YYYY) EVIDENCE OF PROPERTY INSURANCE 4/23/2018 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST. AGENCY PHIC, E 406 586-3351 COMPANY Bozeman Office Western National Insurance Group P%neWest insurance,Inc. Assurance Insurance Company 5 Mendenhall 6350 W 78th St Suite 202 Edina,MN 55439 Bozeman,MT 69715 FA ,C No):(406)586-0437 1 ADDRESS: CODE: SUB CODE: CUSTOMER ID#:MAZZCON-01 INSURED Mazzeila Construction,LLC LOAN NUMBER POLICY NUMBER PO Box 11463 BOUNDHCC Bozeman,MT 69719 EFFECTIVE DATE EXPIRATION DATE 4/23/2018 4/23/2019 CONTNUED UNTIL TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/DESCRIPTION THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. :OVERAGE INFORMATION PERILS INSURED BASIC BROAD X SPECIAL COVERAGE/PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE Limit at any one location Limit $65,000 Limit per disaster Limit $65,000 Limit at temporary location Limit $10,000 Transit limit limit $10,000 Other Limit 1,000 REMARKS Including Special Conditions) Special Conditions: SANDAN PARK PICNIC SHELTER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST NAME AND ADDRESS X ADDITIONAL INSURED LENDER'S LOSS PAYABLE LOSS PAYEE MORTGAGEE LOAN# City of Bozeman,it's employees,officers, AUTHORIZED REPRESENTATIVE and agents PO Box 1231 Bozeman MT 59771 ACORD 27(2016103) ©1993-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD MAZZCON-01 HCECCA CI '4C DATEYY,CERTIFICATE F LIABILITY INSURANCE 04/2312018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemen s. PRODUCER C NTACT Heather CeCC8CC1 Bozeman Office PHONE FAX Paynewest Insurance,Inc. (A/C,No,Ext):(406)666-4606 (aC.No .5 W Mendenhall A pAit IESS:hC@CCBCCI@payneWe8t.COm Bozeman,MT 69716 INSURERS AFFORDING COVERAGE NAIC# INSURER A:Western National Insurance Group INSURED INSURER13:Western National Assurance Company 24465 Mazzella Construction,LLC INSURERC:Montana State Fund 811212 PO Box 11463 INSURER D: Bozeman,MT 69719 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICDY EXPLTR fYYYYI LIMITS A COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS MADE 0 OCCUR X X BOUNDHCC 04/23/2018 04/2312019 DAMAGE TORENTEDPREMISESoccurrence $ X Owner's&Contractor MED EXP(Anyoneperson) $ PERSONAL&ADV INJURY $ GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY®j T LOG PRODUCTS-COMP/OP AGG $ OTHER: $ B AUTOMOBILE LIABILITY Ea BINED SINGLE LIMIT $ 1,000,000 accidenX ANY AUTO X CPP117279800 11/16/2017 11/15/2018 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS SSWNEp BODILY INJURY Per accident $ AUTOS ONLY AUTOS ONLY PPeoa.Z DAMAGE $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE CPP117279800 11/16/2017 11/1612018 AGGREGATE $ 2,000,000 DED I X I RETENTION$ 10,000 $ C AND KERS GOERS NSALIA LINTY X STA UTE ERH 034107086 09/28/2017 09/28/2018 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $ N/A 4FFICERffM I EXCLUDED? (Mandatory in ntH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION F OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bozeman,Its employees,officers, THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tYACCORDANCE WITH THE POLICY PROVISIONS. and agents Po Box 1231 Bozeman,MT 69771 AUTHORIZED REPRESENTATIVE ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT F(N/A) Required Bonds Contractor shall make, execute, purchase, maintain and deliver to City performance and payment bonds in an amount at least equal to the Contractor's compensation under this Agreement, conditioned that the Contractor shall faithfully perform of all of Contractor's obligations under this Agreement and pay all laborers, mechanics, subcontractors, material suppliers and all persons who supply the Contractor or Contractor's subcontractors with provisions, provender, material, or supplies for performing work on the Construction Project. All bonds must be obtained with a surety company that is duly licensed and authorized to transact business within the state of Montana and to issue bonds for the limits so required. The surety company must have a Best's Financial Strength Rating of A, as rated by the A. M. Best Co., or an equivalent rating from a similar rating service. All bonds must remain in effect throughout the life of this Agreement and for a minimum of one (1) year following the date of expiration of Contractor's warranties. A certified copy of the agent's authority to act must accompany all bonds signed by an agent. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business within the state of Montana is terminated, Contractor shall promptly notify City and shall within twenty(20) days after the event giving rise to such notification, provide another bond with another surety company, both of which shall comply with all requirements set forth herein. Bond Types and Amounts: 1. Performance Bond Equal to Contractor's compensation amount 2. Labor and Materials Bond Equal to Contractor's compensation amount Page 27 of 28 Version 12 14 15 EXHIBIT G Drawings, Plans and Specifications The Drawings, Plans and Specifications provided by the City or its architect or engineer as described below: Construction drawings and specifications produced by Plum Design Lab, Cole Robertson, Licensed Architect, dated February 8, 2018 and Sandan Park Picnic Pavilion Project Specifications Manual. Page 28 of 28 Version 12 14 15